IHC Halts Final Appointments of ATIR Members

PBC Proposals

ISLAMABAD: The Islamabad High Court (IHC) has issued an interim order restraining the Law Ministry from finalizing the appointments of Members for the Appellate Tribunal Inland Revenue (ATIR). This decision was made in response to a petition challenging the transparency and legality of the recruitment process for these positions.

The petition, filed by Mudassir Malik, a lawyer from Abbottabad, raised concerns about the manner in which the recruitment process was being conducted. He particularly objected to the invitation for written tests scheduled for December 8, 2024, at NUST Islamabad, claiming procedural irregularities. Acknowledging the significance of the matter, the IHC intervened, highlighting the potential for legal complications if appointments were finalized without addressing the concerns raised.

The petitioner’s counsel argued that proceeding with appointments could create vested rights and lead to multiple legal disputes. The central issue revolves around the procedural framework governing the appointments of ATIR Members, with allegations that it lacks transparency and compliance with legal standards.

In its interim order, the IHC allowed the Law Ministry to continue the evaluation process, including conducting the scheduled written tests. However, it prohibited the finalization of any appointments until the case is resolved. The court emphasized that the recruitment process would remain subject to the outcome of the ongoing proceedings. The matter is set to be heard again on February 13, 2025.

This legal intervention reflects the judiciary’s role in ensuring transparency and accountability in public sector appointments. By temporarily halting the finalization of the recruitment process, the court has provided an opportunity for a thorough review of the procedure while safeguarding the petitioner’s concerns.

The decision underscores the importance of adherence to legal frameworks in administrative processes, particularly for positions as critical as ATIR Members, who play a pivotal role in resolving tax disputes. The case’s outcome will likely clarify whether the recruitment mechanism aligns with established legal and procedural standards, shaping the future of such appointments in Pakistan.